I need some legal advice on an injury of a pet.?
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I need some legal advice on an injury of a pet.?
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An accident occurred in my home last night. A person with a mental handicap stepped on a kitten's head and inured it badly. My husband and I don't have the income to pay for surgery or whatever it will take to help the baby kitty feel better, and this person who stepped on the kitten collects disability, so he has a decent income. I looked into small claims court, and don't know how to pursue that. Does it sound like I have a case? I would really like to get this kitten some medical attention, and this person refuses to pay for the bill. Any legal advice on what I might do is GREATLY appreciated!
Additional Details
I have been working on this since it happened. I have been trying my best to make sure the kitten is feeling okay - giving him liquids and feeding him the best I can, although I called 2 different vets and have been on the phone with them off and on all day long trying to figure out what to do... Give ME a break, it's the 4th of July, AND a Sunday - NO vets are even open.
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AHHHH!!!
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Accidents are called accidents because the person did not mean it. That does not in fact absolve them of any responsibility. He practically crushed the kitten. After you get the kitten some help, sue his @ss. People cause car "accidents" do they get off because it was a mistake. NO! Don't listen to the idiots on here pursue it.
Many have not seen your previous questions so they have NO CLUE what you have been through. |
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Artemis Gwen
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Sorry, but if it was an accident the person who injured the cat does not have a legal obligation to pay for the cat.
If the person was acting deliberately, then that is a whole different story. But accidents happen. And there is no cause of action against someone under these conditions. Actually, if the person who stepped on the cat had fallen and was injured - YOU could actually have been responsible for his/her injuries. Under these conditions, you had the responsibility of keeping the cat from underfoot.
Additionally, it looks absolutely awful for you that you have waited this long before trying to obtain medical assistance for the cat and that you are trying to look into legal action before you even have any veterinary bills. If you cannot afford to obtain medical assistance for the cat, you need to turn it over to animal control. If you do not, then you could be facing criminal charges for animal abuse/neglect. |
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Dr. Wigglefarmer
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If you want to sue for this you will first have to bring the kitten to the vet as soon as possible. Keep in mind, in some states, I assume you are in the U.S., you don't say, because you mentioned the holiday, not taking your pet to the vet for an injury is a felony. Most vets require full payment at the time of services rendered. Although there are times when you will find a compassionate, small, vets office that will let you make payments.
After you have the vet see you kitten you will then have to start the small claims process. Small claims will take a month or two just to start the process, this is not something that happens over night. Just because a person is collecting disability does not mean they are automatically disqualified form being sued.
P.S. If you bring your kitten to a shelter they may put him/her down. |
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Zach
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Is the kitten yours, or was it just a stray that happened to be there at the wrong time? If the kitten isn't yours you have no grounds for a suit. Also, you would have to front the costs to show damages. You cant sue for vet bills that haven't happened.
The case becomes even more difficult with the fact the person is mentally challenged. It's harder to sue them because they may not understand. It's harder to prove negligence. Another issue you have is you can't collect money from a lawsuit if their income is disability. So, if they don't own a house or have a car, you'd be wasting your money as they'd be required to pay nothing, even if the court says he owes you money. |
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Frank
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Take the cat to a shelter or a free clinic. Don't let it suffer for your court case. |
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Kelle
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By the time you reach small claims court, the kitten would be long gone.
Even if you win, it is up to you to get the money. The courts don't.
Just a good to work out a deal with him now.
He's mentally handicapped. Give him a break.( Actually folks on disability , get $800. a months where I live. Hardly a "decent income". |
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